First time dwi arrest. i didn't blow. i had no beers. passed roadside tests. still arrested and released.

pulled over for no reason, had paperwork ready. all legit. shows up with my paperwork and a breathalyzer and asks me to blow. i refuse. he makes me get out, do roadside test and i record everything. i pass. he still arrests me. in retrospect, i should have just blown but i host a talk show and one of our MAIN topics is police misconduct. he was so pissed that i recorded him. i was angry but i didn't lash out. he claimed i sabotaged the "gaze test" and put me in cuffs. an hour later, released with a few tickets. this police department in particular has harassed me in the past and blocked my access to my old police reports for a time i was assaulted, claiming that i was a suspect because it involved one of the k9 wardens and this is why i refused the test. corruption. what happens now?

Rochester, NY -

Attorney Answers (4)

Richard Caro Roxin

Richard Caro Roxin

Criminal Defense Attorney - Rochester, NY
Answered

You need to retain a local, experienced criminal defense attorney who does a significant amount of DWI defense. At your first court appearance, a "Not Guilty" plea will be entered and your attorney will serve a Demand for Discovery on the District Attorney's Office, triggering an obligation to turn over any reports related to your arrest. Your attorney will review these reports, spotting the strengths and weaknesses of the prosecution's case, and will advise you of your options, namely to fight the charges, because here in Monroe County the District Attorney's Office rarely makes offers in "refusal" cases. I frequently handle these types of cases and would welcome the opportunity to discuss your case with you.

Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

You get a good criminal lawyer and fight the case. Does this police department use dashboard caeras? If so, your lawyer will want to request the video.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Frank Mascagni III

Frank Mascagni III

Criminal Defense Attorney - Louisville, KY
Answered

I would hire the best criminal defense attorney in your jurisdiction to defend the case ASAP. Defend the case at court with counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
Answered

You need a good attorney. Your refusal + the officers "expert opinion" lead to the charge of common-law intoxication. There are strong defenses and it sounds like you will need them.
Good Luck!


Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Featured Legal Guides

DUI and DWI defenses

After you are arrested for DUI, getting the charges against you dropped or reduced will require you to develop a defense.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.